Terms of Service

Last updated: March 15, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and CashPilot Inc. ("CashPilot," "we," "us," or "our"), governing your access to and use of the CashPilot platform, including our website, application programming interfaces (APIs), and all related services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a business entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use the Service.

1. Definitions

"Customer" means a person or entity to whom your business has issued an invoice through QuickBooks Online and to whom the Service may send follow-up communications on your behalf.

"Invoice Data" means invoice records, payment statuses, due dates, amounts, and associated customer contact information synchronized from your QuickBooks Online account.

"Follow-Up Email" means an email communication sent by the Service on your behalf, from your business identity, to a Customer regarding an overdue invoice.

"Original Creditor" means a person or entity that extended credit or provided goods or services for which payment is owed, and who is collecting their own debt under their own name.

"Recovered Amount" means the amount paid by a Customer on a previously overdue invoice within the Attribution Window (defined in Section 10) after at least one Follow-Up Email has been sent by the Service.

"Sub-Processor" means a third-party service provider engaged by CashPilot to process data on your behalf in connection with the Service.

2. Service Description

CashPilot is a software-as-a-service platform that helps businesses follow up on overdue invoices. The Service connects to your QuickBooks Online account, identifies invoices that are past due, and sends a configurable sequence of professional follow-up emails to your customers on your behalf, using your business name and email address.

The Service provides:

• Automated synchronization of invoice and customer data from QuickBooks Online
• A multi-step email sequence with escalating tone, sent from your business identity
• Secure payment links for your customers
• An internal owner alert when automated follow-ups are exhausted
• A dashboard for monitoring invoice status, recovery activity, and communication history
• The ability to pause, exclude, or customize follow-ups for individual customers or invoices

3. Nature of Service — Not a Debt Collector

CashPilot does not:

• Represent itself as a collection agency, debt collector, or third party in any communication
• Purchase, sell, or broker debt
• Report debts to any credit bureau or credit reporting agency
• Threaten or initiate legal action against any person
• Make binding payment plan agreements on your behalf
• Provide legal advice or practice law
• Contact your customers independently or under the CashPilot name

You, the User, remain the original creditor at all times. The Service is a communication tool that operates under your direction and authority. You retain full control over which invoices are followed up, which customers receive communications, and whether to pause or stop any sequence at any time.

4. Eligibility and Account Registration

To use the Service, you must:

• Be at least 18 years of age
• Operate a lawful business in the United States
• Have a valid QuickBooks Online account with active invoices
• Have the legal authority to send communications to your customers regarding their outstanding invoices
• Provide accurate, current, and complete information during the registration process

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use.

5. User Representations and Warranties

By using the Service, you represent and warrant that:

• You are the original creditor. All invoices loaded into the Service represent amounts owed to your business for goods or services that you provided directly. You are collecting your own receivables, not debts purchased or assigned from another party.
• You have a legitimate business relationship with each Customer whose invoices are processed through the Service. The invoices arise from a bona fide commercial transaction between your business and the Customer.
• You have the right to contact your Customers regarding their overdue invoices and have obtained any consents required by applicable law for email communications of this nature.
• The invoice data in your QuickBooks account is accurate and reflects genuine, undisputed amounts owed to your business.
• You will comply with all applicable laws, including but not limited to the Fair Debt Collection Practices Act (FDCPA), the CAN-SPAM Act, state consumer protection statutes (including the Florida Consumer Collection Practices Act, if applicable), and any other federal, state, or local law governing commercial communications and receivables management.
• You will not use the Service to harass, abuse, or deceive any person, or to send communications that are threatening, misleading, or deceptive in nature.
• You have obtained all required business licenses and registrations necessary to operate your business and collect payments from your customers in your jurisdiction.

6. Prohibited Uses

You agree that you will not use the Service to:

• Collect purchased or assigned debt. The Service is exclusively for original creditors collecting their own receivables. You may not use the Service to pursue debts that you acquired from another party, whether by purchase, assignment, or any other transfer.
• Send communications to consumers in bankruptcy. You must immediately pause or exclude any Customer who has filed for bankruptcy protection under any chapter of the United States Bankruptcy Code (11 U.S.C. § 101 et seq.), and any continued collection activity through the Service after you know or reasonably should know of such filing is strictly prohibited.
• Add harassing, threatening, or abusive language to any template or communication sent through the Service, including but not limited to threats of legal action, credit reporting, property liens, or criminal prosecution.
• Impersonate CashPilot or any third party in communications, or otherwise represent that a third party is involved in the collection of the debt.
• Contact Customers who have opted out. If a Customer replies "STOP" or otherwise requests that you cease communications, you must promptly honor that request by excluding the Customer from further follow-ups.
• Use the Service for invoices that are disputed, subject to a pending complaint, or that you know or reasonably should know are inaccurate.
• Violate the automatic stay provisions of the Bankruptcy Code, any court order, or any applicable law by sending communications through the Service.
• Send communications regarding debts owed by active military servicemembers without complying with the Servicemembers Civil Relief Act (SCRA).
• Circumvent or attempt to circumvent any technical limitations, usage limits, or security measures of the Service.
• Reverse engineer, decompile, or disassemble any portion of the Service.
• Resell, sublicense, or share access to the Service with any third party without our prior written consent.

Violation of any prohibited use is grounds for immediate termination of your account and may result in legal action.

7. QuickBooks Integration and Data Access

The Service integrates with QuickBooks Online through Intuit's official OAuth 2.0 API. When you connect your QuickBooks account, you authorize CashPilot to:

• Read invoice data, including invoice numbers, amounts, due dates, and payment statuses
• Read customer contact information, including names and email addresses
• Read company profile information, including your business name and address
• Periodically synchronize this data to keep your dashboard and recovery sequences current

CashPilot requests only the com.intuit.quickbooks.accounting scope and does not write data back to your QuickBooks account. Your QuickBooks OAuth tokens are encrypted using Fernet symmetric encryption and stored in a separate, access-restricted data collection, segregated from your user profile data.

You may disconnect your QuickBooks account at any time through the CashPilot dashboard or through Intuit's app management settings. Disconnecting will stop all data synchronization and active follow-up sequences.

8. Email Communications

8.1 Sender Identity

All Follow-Up Emails are sent using your business name and your designated sender email address. CashPilot's name does not appear in any customer-facing communication. Each email includes a working reply-to address that routes responses to your business.

8.2 CAN-SPAM Compliance

The Service is designed to comply with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.). Each Follow-Up Email includes:

• Accurate sender information (your business name and email)
• A truthful, non-deceptive subject line
• Your business physical mailing address
• A clear mechanism for the recipient to opt out of further messages (reply "STOP")

While follow-up emails regarding outstanding invoices for existing business relationships may qualify as transactional messages under CAN-SPAM (and thus be exempt from certain requirements), CashPilot applies full CAN-SPAM compliance as a best practice to all outbound emails.

8.3 Email Sequence

The Service uses a multi-step follow-up sequence with increasing urgency but no threatening or coercive language. The sequence includes polite reminders, professional follow-ups, and offers to discuss payment arrangements. The final automated step is an internal alert to you, the business owner, rather than a customer-facing escalation. No "final notice," "last chance," or similar language that could be construed as a legal threat is used.

8.4 Your Responsibility

You are responsible for ensuring that the sender email address, business name, physical address, and reply-to address you configure in the Service are accurate and belong to your business. You are also responsible for honoring opt-out requests promptly.

9. Billing and Fees

9.1 Fee Structure

CashPilot charges a software licensing fee that is calculated as a percentage of the Recovered Amount (as defined in Section 1), subject to a minimum monthly floor. The current fee schedule is:

• Software fee: 5% of Recovered Amount
• Monthly minimum: $99 per month
• No setup fees

This fee is compensation for the use of CashPilot's software platform, including automated invoice synchronization, email sequencing, payment link generation, and dashboard analytics. It is not a commission, contingency fee, or percentage of debt collected. CashPilot is a software vendor, not a collection agent, and fees are charged for software services rendered.

9.2 Beta Period

New accounts receive a 30-day free trial period ("Beta Period"). During the Beta Period, all Service features are available at no charge. At the end of the Beta Period, your account will convert to the paid plan described in Section 9.1 unless you cancel.

9.3 Payment Terms

Fees are billed monthly in arrears. You authorize CashPilot to charge your payment method on file for all fees due. If payment fails, we will notify you and may suspend the Service after a 7-day grace period. Past-due amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

9.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for all sales, use, and similar taxes arising from your use of the Service, excluding taxes based on CashPilot's net income.

10. Recovery Attribution

For billing purposes, a recovery is attributed to CashPilot when all of the following conditions are met:

• At least one Follow-Up Email was sent by the Service for the applicable invoice
• The invoice (or a portion thereof) is marked as paid in QuickBooks Online
• Payment occurs within 30 days after the date the last Follow-Up Email was sent for that invoice (the "Attribution Window")

The following are excluded from recovery attribution:

• Partial payments: Fees apply only to the amount actually collected, not the full invoice amount
• Disputed invoices: No fee applies to invoices that are disputed by the Customer and subsequently voided or credited
• Written-off invoices: No fee applies to invoices that you write off as uncollectible
• Voided invoices: No fee applies to voided invoices

11. Intellectual Property

CashPilot and its licensors own all right, title, and interest in and to the Service, including all software, algorithms, interfaces, documentation, and content (excluding your data). These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during the term of your subscription.

You retain all rights in your data, including Invoice Data and Customer data synced from QuickBooks. You grant CashPilot a limited license to process your data solely to provide and improve the Service.

12. Data Processing

12.1 Data Processor Role

With respect to your Customer data and Invoice Data, CashPilot acts as a data processor (or "service provider" under California law). We process your data solely on your instructions and for the purpose of providing the Service. We do not sell, share, or use your data for any purpose other than performing the Service.

12.2 Sub-Processors

CashPilot uses the following Sub-Processors to deliver the Service:

• Google Cloud Platform / Firebase (Google LLC) — Cloud infrastructure, database, and authentication services. Data is stored in the United States.
• SendGrid (Twilio Inc.) — Transactional email delivery. SendGrid processes the recipient email address, sender information, and email content to deliver Follow-Up Emails.
• Intuit Inc. (QuickBooks Online) — Source platform for invoice and customer data. CashPilot accesses data through Intuit's authorized API using OAuth 2.0 authentication.

We will notify you before adding or replacing a Sub-Processor. If you object to a new Sub-Processor, you may terminate the Service in accordance with Section 17.

12.3 Security Measures

CashPilot implements the following technical and organizational security measures:

• Fernet symmetric encryption for all OAuth tokens at rest
• Separation of token storage from user profile data (tokens stored in an isolated collection)
• TLS 1.2+ encryption for all data in transit
• API rate limiting to prevent abuse
• Security headers (CSP, X-Frame-Options, HSTS) on all application responses
• PII masking in application logs
• Audit trail logging for all email sends and significant account events

13. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Service, including business data, customer information, technical details, and pricing terms. This obligation survives termination of the Service for a period of three (3) years. Confidential information does not include information that: (a) is or becomes publicly available without breach; (b) was already known to the receiving party; (c) is independently developed; or (d) is disclosed pursuant to a legal requirement, provided the disclosing party is given reasonable notice.

14. Disclaimer of Warranties

To the maximum extent permitted by applicable law, CashPilot expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components
• Any warranty regarding the accuracy, reliability, or completeness of data synchronized from QuickBooks or any other source
• Any warranty that Follow-Up Emails will be delivered to recipients, will not be filtered as spam, or will result in payment
• Any warranty that the Service will recover any specific amount or percentage of overdue invoices
• Any warranty that use of the Service complies with all laws applicable to your specific business, industry, or jurisdiction

CashPilot does not guarantee any particular outcome from using the Service. Past recovery results are not indicative of future performance.

CashPilot does not provide legal advice. The templates, sequences, and features provided by the Service are designed for general commercial follow-up purposes. You should consult with a qualified attorney regarding your specific legal obligations when following up on overdue invoices, particularly if you operate in a regulated industry or jurisdiction with specific requirements for creditor communications.

15. Limitation of Liability

15.1 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASHPILOT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO CASHPILOT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15.2 Exclusion of Consequential Damages

IN NO EVENT SHALL CASHPILOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or data corruption
• Cost of procurement of substitute services
• Damage to business relationships or reputation
• Any damages arising from your Customers' failure to pay invoices
• Any damages arising from the delivery, non-delivery, or content of Follow-Up Emails

THESE LIMITATIONS APPLY EVEN IF CASHPILOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

15.3 Basis of the Bargain

You acknowledge that CashPilot has set its fees and entered into these Terms in reliance upon the limitations of liability and disclaimers of warranties set forth herein, and that the same form an essential basis of the bargain between the parties.

16. Indemnification

16.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless CashPilot and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service, including any Follow-Up Emails sent on your behalf
• Your breach of any representation, warranty, or obligation under these Terms
• Your violation of any applicable law, regulation, or rule, including the FDCPA, CAN-SPAM Act, FCCPA, SCRA, or the Bankruptcy Code's automatic stay provisions
• Any claim by a Customer or third party arising from communications sent through the Service at your direction
• The accuracy, completeness, or legitimacy of the invoices you process through the Service
• Your failure to exclude Customers who have opted out, are in bankruptcy, or should not be contacted for any reason
• Any claim that your use of the Service constitutes debt collection activity requiring licensure or registration in any jurisdiction

16.2 Indemnification Process

CashPilot will provide you with prompt written notice of any claim subject to indemnification and will cooperate with your defense. You may not settle any claim without CashPilot's prior written consent if the settlement would impose obligations on CashPilot or admit liability on CashPilot's behalf.

17. Termination and Data Deletion

17.1 Termination by You

You may terminate your account at any time by disconnecting your QuickBooks account and notifying us at support@cashpilot.com. Termination takes effect at the end of the current billing period. Any fees accrued prior to termination remain due.

17.2 Termination by CashPilot

CashPilot may suspend or terminate your account immediately, without prior notice, if:

• You breach any provision of these Terms
• We reasonably believe your use of the Service violates applicable law
• We receive a valid legal order or regulatory directive requiring us to do so
• Your account has been inactive for more than 12 consecutive months
• You fail to pay fees for more than 30 days past due

CashPilot may also discontinue the Service entirely with 60 days' prior written notice.

17.3 Effect of Termination

Upon termination:

• All active follow-up sequences will be immediately stopped
• Your access to the dashboard will be revoked
• QuickBooks OAuth tokens will be deleted within 24 hours
• Your Invoice Data, Customer data, and communication logs will be retained for 30 days to allow you to request an export, after which they will be permanently deleted
• Aggregated, anonymized, and de-identified data that cannot be used to identify you or your customers may be retained for analytics and service improvement

17.4 Survival

Sections 13 (Confidentiality), 14 (Disclaimer of Warranties), 15 (Limitation of Liability), 16 (Indemnification), 18 (Dispute Resolution), and 19 (Governing Law) survive termination of these Terms.

18. Dispute Resolution and Arbitration

18.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact CashPilot at legal@cashpilot.com and attempt to resolve the dispute informally for at least 30 days.

18.2 Binding Arbitration

If the dispute cannot be resolved informally, you and CashPilot agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including the formation, interpretation, breach, or termination thereof) shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware (or, at your election, by telephone or videoconference).

18.3 Class Action Waiver

18.4 Exceptions

Notwithstanding Section 18.2, either party may: (a) bring an individual action in small claims court if the claim qualifies; or (b) seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

18.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@cashpilot.com within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in state or federal court in Delaware as described in Section 19.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.

20. FDCPA Safe Harbor

The Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) applies primarily to "debt collectors" as defined in the statute, which generally means any person who regularly collects debts owed to another, or uses a name other than their own when collecting their own debts, suggesting that a third party is involved.

CashPilot is designed to operate exclusively within the first-party creditor model:

• All communications are sent from and under the business name of the User (the original creditor)
• CashPilot's name does not appear in any customer-facing communication
• The User, not CashPilot, is the party collecting payment
• CashPilot does not acquire debts, represent multiple creditors under a unified identity, or otherwise act as a third-party collector

By using the Service, you acknowledge that:

• You are the original creditor for each invoice processed through the Service
• You are responsible for ensuring that your use of the Service complies with the FDCPA and all applicable federal and state debt collection laws
• CashPilot's role is limited to providing software that sends communications at your direction; CashPilot is not a "debt collector" as defined under the FDCPA
• If your business engages in practices that cause the FDCPA to apply (for example, using a fictitious business name that implies third-party involvement), you bear sole responsibility for FDCPA compliance

Regardless of FDCPA applicability, all Follow-Up Emails sent through the Service are designed to avoid deceptive, harassing, or unfair practices. The Service does not include language that threatens legal action, credit reporting, property seizure, wage garnishment, or any other enforcement action.

21. State Law Compliance

Many states have consumer protection and debt collection statutes that supplement or exceed federal FDCPA requirements. Some state laws, such as the Florida Consumer Collection Practices Act (FCCPA) (Fla. Stat. §§ 559.55–559.785), apply to original creditors as well as third-party collectors.

You are responsible for understanding and complying with the laws of every jurisdiction in which your Customers are located. Key state-law obligations that may apply include but are not limited to:

• Florida (FCCPA): Prohibits abusive, harassing, fraudulent, deceptive, and misleading collection practices by both creditors and debt collectors. As of May 2025, email communications are not subject to quiet-hour restrictions (SB 232), but calls remain restricted to 8 AM–9 PM local time.
• California: The Rosenthal Fair Debt Collection Practices Act applies to original creditors and incorporates many FDCPA prohibitions.
• Texas: The Texas Debt Collection Act (Tex. Fin. Code § 392) applies to both creditors and third-party collectors.
• Other states: Colorado, Illinois, North Carolina, Oklahoma, and Wisconsin, among others, extend consumer protection to first-party collection activity.

CashPilot's email templates are designed to comply with the most conservative interpretation of these laws, but you bear ultimate responsibility for ensuring that your use of the Service complies with all applicable state and local laws.

22. Modifications to Terms

CashPilot may modify these Terms at any time by posting updated Terms on the Service and updating the "Last updated" date. For material changes, we will notify you by email at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your account before the effective date.

23. General Provisions

• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and CashPilot regarding the Service and supersede all prior agreements and understandings.
• Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
• Waiver. CashPilot's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms or your rights hereunder without CashPilot's prior written consent. CashPilot may assign these Terms without restriction in connection with a merger, acquisition, or sale of substantially all assets.
• Force Majeure. CashPilot shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government actions, Internet outages, or third-party service disruptions (including QuickBooks or SendGrid outages).
• Notices. Notices to CashPilot must be sent to legal@cashpilot.com. Notices to you will be sent to the email address associated with your account.
• Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.
• No Third-Party Beneficiaries. These Terms do not confer any rights on any person or entity other than the parties hereto.

24. Contact Information

If you have questions about these Terms of Service, please contact us at:

CashPilot Inc.
Email: legal@cashpilot.com
Support: support@cashpilot.com